ABSTRACT

This chapter focuses on the attempts to introduce the jury system in the post-occupation period. It begins by outlining the historical background that focuses on the developments in Japan’s legal system and society in the period between the end of the Allied occupation and contemporary times. It then discusses the efforts, led by both governmental and nongovernmental organizations, to introduce the jury system in the post-occupation period. This is followed by an examination of the proposal regarding the implementation of the lay judge (saiban’in)1 system prepared by the Judicial System Reform Council (JSRC) in 2001 and the discussion of the processes of drafting and enactment of the Lay Judge Act of 2004. The chapter first summarizes the provisions of this act and outlines the amendments that were made to this piece of legislation prior to its enforcement in 2009. It then focuses on the promotional efforts carried out in connection with the implementation of the saiban’in system in Japan, examines the points raised in the public debate regarding this new system, looks at the first case tried with the participation of lay judges in Japan, and outlines some of the preliminary conclusions regarding the first five years of the functioning of the system in contemporary Japan. This is followed by an evaluation of Japan’s latest experience with jury trials and a conclusion that summarizes the findings of the chapter.